The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-10-29

and another reference to breaking open safes and
desks, General Butler said: There Is no do ubt
that the prisoners entitled to trial by an
impartial jury-a stupid jury. il you please-oe-
cause don't think man who reads newspapers
is any the more competent to try case-rather
worse If he pays any attention to their lies.
AS enunciated by Chief-jus;ices OF the Supreme
Court, impartial juror, he said, 10 one VINO
Stands in freedom of mind, without bias or
prejudice. and is Indifferent" The petitioners
were not tried by such a jury. and are entitled
to protection under the federal Constitution.
"If he said, 1.-The court is to give me jurors as
prejudIced az some of those in this case had
better go to a land of Hottentots. for they would
not allow me to be stolen and taken back into
Illinois"
TGeneral Buffers allusion is to the kidnapping
of Kerr referred to by counsel on the other side
in defending their scare h and seizure.1
In reply to Mr.. Grinnells statement that the
record would show that the defense were more
ready to take the last juror. Sanford. than tie
State was, Gen. Butler said that they were COM
PEELED to accept the last juror. Their perempt-
DRY challenges were exhausted and they could
do nothing else. Under these circumstances
they talked to him, and coaxed him and tried TO
get him into a state OF mind as favorable 70
their side as they could. That what the
parts of the record referred to by Mr. Grinneil
would show, and nothing more
Il Gen. Butler then referred to the assertion OF
counsel on the other side that the petitioners
had waived some of their rights through not in
sisting upon them by exception or objection at
the proper time. and that, therefore. they were
estopped from asserting those rights now IN this
court. He commended, however. that when q
man trial for his life there was no such
thing as waiver or an estoppeL In caD1al
offenses a prisoner cannot waive. Willingly or
unwittngly, anything that will affect the ISSUE
In support of this contention he cited the opln-
ion of Chief Justice Shaw in the case OF Dr.
Webster. the prisoners, he maintained, could
not now be barred out because they had not
raised sufficiently formal objections
General Butter then returned again TO the
Unreasonable searches and seizures" COM
planned of by the petitioners. and said his asso-
ciate. Mr.. Tucker. had characterized the pro-
ceedng as subpoena dncss seenm o executed tie Dy
claimed. .'they searched under a burglary head
ed by the States attorney, on his own admission
NO miserable policeman or half witted con
stable. but the States prosecuting attorney
does the burglary, steals the papers. and says
you can't help that. He puts it with sort OF
triumph. and yet we are told that our immun-
tiles and privileges not invaded, and our
remedy is to sue for trespass. What a beau
tiful remedy! Sue the States attorney, and be
tried by such jury. as the laws of Illinois
would give Better be in a place not to be
named for comfort"
AS final why the writ should De
granted, General Butler urged that the prison
ers had been sentenced to death in their absence
and without being asked whether they had any
reason to give why sentence of death should not
be pronounced upon them. The record, he said.
did not show that they were absent when
sentenced, but they could prove it The record
showed that they were present. but they could
prove by half Chicago that this was a mistake.
In cOnCluSlOn, u0uerhi DuticT ediu. oAoy -
in closing. make one observation? Ii mems
lives be- taken in this way, as you have seen
exhibited here to-day, better anarchy-better be
without law than with any such law"
General Butler then thanked the court for its
indulgence and took his seat.
The Chief Justice called the next case on the
docket, and the clerk answered Ready" and the
hearing of the motion OF the Anarchists for a
writ OF error was over. It seems to be the
general impression among those who have paid
closest attention to the proceedings in this case,
that counsel for the State had altogether the
best of the argument in this court, and that the
writ OF error will not be granted.
Only One Formal Petition for CIemency.
SPRINGFIELD, ILL.,, Oct est is q curious
fact that among all the communications that
have reached the Governor for and against
clemency for the Anarchists there is but one
formal petition, and that is mailed from q small
interior town in New York. It bears only eight
signatures, and these not all residents of
that place. The first one is William Dean
III owelfs editor. Boston. The main body of all
the other literature the Governors desk on
this subject consists Of personal appeals and re-
monstiances. 1t has already become an inter-
esting question, therefore. whether there is such
a case before the Governor in behalf
of these prisoners as he could act
upon. In fact the Governor says that no such
application petition as is contemplated in the
law has been filed by any OF the men under sem
tence IN Cook county in what is known as the
Anarchist cases. The legal provision made as
to the manner of applying requires that the ap
plication shall be made by petition in writing to
the Governor, signed by the party under convic-
ton. other persons in his behalf, shall contain
a brief history of the case and the reasons why
such pardon should be granted, and shall also
be accompanied by statement In writing. made
by the the Judge and prosecuting attorney OF
the court in which the conviction was had, stat
ing their opinion regarding the case, or. IN
the absence of statement OF their
opinion, satisfactory reasons must be given
to the Governor why such statement does not
accompany the petition. and. finally it is made
the duty of the judge and prosecuting attorney
to give such opinion whenever such petition Is
presented to them None of these legal formal
tiles have yet been COMPLIED with whether
the Governor would consider not con-
forming TO these legal requirements can only be
inferred. When questioned on shat point he
simply replied: Il presume the Governor
might, his motion, and without any applica-
ton. pardon ont OF the penitentary any convict
he chose or any number OF them. and that il
he did they would be safely ont, but the Govern
or would be liable to impeachment"
AS to the requirement. that the application
must be made by the party under conviction. it
seems pretty clear that when another person
acts for the person condemne ed he must so act as
an attorney agent, and at the solicitation or
request of the person condemned. In other
words. the petition must represent the actual
wish of the party under conviction. The letter
to the Governor, written by Parsons which was
printed in several of the newspapers, was never
mailed to him. at least he never got it, and
therefore, officially. knows nothing of it.
The Suspense of the Condemned.
CHICAGO, Oct. 28-There is the keenest sus-
pense at the Jail over what the United States
Supreme Court may do in the Anarchist case
All the friends OF the condemned men come to
see them every day now. There is a palpable
change in tho demeanor of them ALL The
doomed men keep firm front and undated
composure, but there is no bravado or pretense
of gayety. The wives and friends present mel
anchoy picture they talk in very
suhdned tones through the bars. and il